DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL
RECORD S
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 7753-01
13 February 2002
Dear Maj
This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the United States Code, section 1552.
You requested removal of your failure of selection by the Fiscal Year (FY) 2002 Lieutenant
Colonel Selection Board and “promotion reconsideration:” Your additional request to
remove the reviewing officer ’s certification from your fitness report for 31 December 1998
to 31 July 1999 was not considered, as your previous request to remove the entire report,
docket number 5441-01, was considered and denied on 30 August 2001, and you have
offered no new and material supporting evidence or other matter concerning the fitness report
for 31 December 1998 to 31 July 1999 which was not previously considered.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 7 February 2002.
injustice were reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this Board.
consisted of your application, together with all material submitted in support thereof, your
naval record and applicable statutes, regulations and policies. In addition, the Board
considered the advisory opinion furnished by Headquarters Marine Corps, dated
25 October 2001, a copy of which is attached. They also considered your rebuttal letter
dated 3 December 2001 with enclosures.
Your allegations of error and
Documentary material considered by the Board
After careful and conscientious consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish the existence of probable material error or
injustice. In this connection, the Board found that your official record before the FY 2002
Lieutenant Colonel Selection Board had been properly corrected by removal of the reviewing
officer’s certification from your fitness report for 1 August to 31 December 1988. They
noted that the Master Brief Sheet (MBS) is merely an unofficial tool used by selection boards
to assist them in reviewing an officer ’s official record, and they found that any disparity
between the MBS and the official record should be resolved in favor of the official record.
They did recognize that the promotion board may have engaged in unauthorized speculation
to the effect that the removed reviewing officer ’s certification must have been unfavorable to
you. However, they noted that the information available to the promotion board would not
have revealed exactly how the reviewing officer nonconcurred with the reporting senior. For
these reasons, the Board found that the erroneous MBS entry reflecting the reviewing
officer’s nonconcurrence with the reporting senior most probably would not have harmed
your chances for promotion. In view of the above, your application has been denied. The
names and votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that favorable action cannot be
taken. You are entitled to have the Board reconsider its decision upon submission of new
and material evidence or other matter not previously considered by the Board.
In this
regard, it is important to keep in mind that a presumption of regularity attaches to all official
records. Consequently, when applying for a correction of an official naval record, the
burden is on the applicant to demonstrate the existence of probable material error or
injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
NAVY | BCNR | CY2002 | 00955-00
The Board's opinion, 4. vote, is that Report A should remain a part of Captain official military record. Performance Evaluation Review Board (PERB) for removal of the Directed by the Commandant of the Marine Corps fitness report of 980117 to 980904. failures of selection. Performance Evaluation Review Board (PERB) for removal of the Captain record and SMC Major he successfully petitioned the Duty fitness report of 940201 to 940731. requests removal of his failures of selection.
NAVY | BCNR | CY2002 | 08232-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 February 2002. The member ’s statement and reporting senior ’s endorsement to his fitness report for the period 2 February 1995 to 3 1 January 1996 is filed in his record. As there is no evidence of administrative or material error in the member's record, per ref board is not warranted.
NAVY | BCNR | CY2002 | 04456-00
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NAVY | BCNR | CY2001 | 01501-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 October 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. The member requests the removal of his fitness report for the period 1 January 1985 to 28 February 1986 and to file the member senior’s endorsement to his fitness report for the period 1 October 1998 to 31 May 1999. ...
NAVY | BCNR | CY2008 | 05058-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 September 2008. In this connection, the Board substantially concurred with the comments contained in the advisory opinion, except to note your request was not for remedial consideration for promotion to master sergeant, but adjusting the date of rank and effective date of your promotion to reflect selection by the Fiscal Year (FY) 2007 Master Sergeant Selection...
NAVY | BCNR | CY2001 | 02041-01
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NAVY | BCNR | CY1998 | 08224-98
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NAVY | BCNR | CY2001 | 07125-00
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NAVY | BCNR | CY2001 | 06470-00
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NAVY | BCNR | CY2001 | 02984-01
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